Planning Commission Minutes

CITY OF VICTORIA
REGULAR PLANNING COMMISSION MEETING
MARCH 18, 2008

MEETING

Pursuant to due posted and mailed notice thereof, the Victoria Planning Commission met on March 18, 2008, at 7951 Rose in the Council Chambers.

Chair Simanton opened the meeting at 6:30 p.m.

Members Present: Chair, Gordy Simanton; Commissioners: Bud Hiivala, James Donadio III, Grant Peterson and Tom Vogt.

Members Absent: None.

Others Present: Holly Kreft, Community Development Director; Angie Perera, Assistant Planner; Mayor Hershberger Thun; and Tanya Schmieg, Recording Secretary.

A. Adopt Agenda

Ms. Kreft added the Diggers sign request as item C under Old/New Business.

A motion was made by Donadio, seconded by Peterson, to adopt the agenda as amended. Vote: 5 Ayes, 0 Nays. Motion Carried.
 

#2 APPROVAL OF MINUTES:

A. Minutes of the March 4, 2008 Planning Commission Meeting.

A motion was made by Simanton, seconded by Hiivala, to approve the Minutes. Vote: 5 Ayes, 0 Nays. Motion carried.

B. Review Minutes from the February 28, 2008, City Council Meeting.

The above minutes were reviewed.|
 

Chair Simanton reviewed the process that would be followed during the public hearings.

A. Review request by Michael Coumbe for a Variance for a proposed garage with reduced setbacks for the property located at 1871 Victoria Circle.

1. Agenda Statement No. 08-06
2. Exhibits: Site Plan Options # 1-3, Photos, Application, Applicant’s memo

Ms. Perera presented the staff report. She explained the applicant would like to add a three car garage. The unique condition is that this is a corner lot. She showed a map with the required setbacks and buildable area. She noted that it is a legally non-conforming property because it was built before the zoning was established.

Ms. Perera stated that option number 1 would require an 11 foot variance. Option number 2 would need a 10 foot variance for the front yard as well as a 10 foot variance from the rear yard.

She explained that option number 2 and 3 were submitted to try and minimize site line impact from the neighbors. Option number 3 would need a 21.34 foot setback from the rear yard. She noted this is the least preferred option by both the applicant and the neighbor.

Ms. Perera said that included in the packet are reasons for approval or denial. The main issue is how it would impact the neighbor at 1841 Victoria Circle.

Commissioner Hiivala commented on all the houses around there being non-conforming. Ms. Perera said this addition was approved in the 1960’s.

Ms. Perera stated that staff’s recommendation is to approve one of the options with the conditions provided.

Chair Simanton opened the public hearing at 6:46 p.m.

Jana Ollinger, 1841 Victoria Circle, stated that the room in her home is not a patio, it is a four season heated room with a fireplace. She noted that the neighbor’s house is approximately 50 feet from their house. Mrs. Ollinger stated they oppose a garage in this area because it would affect their property value, home life and they believe in continued neighborhood improvement. She talked about the view of Church Lake and the nature they enjoy from that room. She stated that the neighborhood circle does not have any three car garages. They have been in the community for 38 years and are glad to hear of the road improvements. She said they use this room often and are asking for denial. She referred to the one owner who owns both properties that are in support of this and said they can’t see the property.

Ralph Ollinger, 1841 Victoria Circle, referred to page 4 and 5 being non detrimental to their property and said they feel it is. He noted they added that room about ten years ago and spend about six to ten hours a day in it. He talked about the nature they see. Mr. Ollinger showed some pictures with the different options. He said he questions the size of the garage and said it should be more of a standard two car garage.

Chair Simanton asked if the neighbors would be opposed to a standard two car garage. Mr. Ollinger said he is not opposed to a two car garage. Mrs. Ollinger said she is opposed to any garage.

Mr. Ollinger talked about the stakes in the pictures and a side entry option for the garage.

Mike Coumbe, 1871 Victoria Circle, referred to the three stakes and said those are with option 2 and 3. He explained that he has three vehicles and needs to have a garage. He said he came up with the other options to try and save the view for his neighbors. He said this addition would be aesthetically better for the neighborhood and would also help the value of his home. He talked about the new road coming in and parking being restricted to one side of the road only, so he thought it would be a good time to put a garage in. Mr. Coumbe said he talked to other neighbors and the majority of them have put additions on their homes. He explained that he took pictures of a three car garage from a new development and is willing to work with the neighbors and staff on the landscaping. He said he is open to suggestions.

Chair Simanton asked what the square footage of house is. Mr. Coumbe responded 2,600 square feet on both levels. Chair Simanton clarified that the shed is surrounded by trees.

Commissioner Donadio asked how Mr. Coumbe would feel about a two car garage. Mr. Coumbe responded that anything would be helpful to him. He noted he has three cars, a lawn tractor and a boat. Right now the garage stores the bikes, sporting equipment and construction material.

Chair Simanton closed the public hearing at 7:22 p.m.

Commissioner Hiivala commented on moving the garage forward and not needing a variance.

Ms. Perera stated that staff calculated the impervious surface and the area is approximately 2,390 which can be accommodated in all three options.

Commissioner Hiivala said if they move the garage forward and put in a two car garage it would open up more of a view for the neighbors.

Commissioner Vogt talked about the definition of a variance and questioned how not having a three car garage is a hardship. He noted that by going to a smaller structure would be a good compromise.

Chair Simanton said is thought is to table this request. He said there seems to be a strong relationship and friendship with a willingness to come to a negotiated agreement as to what would be acceptable. He said they would look at this coming back as a two car garage. Chair Simanton suggested upgrading the shed to help with storage.

Mr. Coumbe noted that there was a misunderstanding with the hardship and said it would be an irregular lot.

A motion was made by Simanton, seconded by Hiivala, to table the request by Michael Coumbe for a Variance for a proposed garage with reduced setbacks for the property located at 1871 Victoria Circle. Vote: 5 Ayes, 0 Nays. Motion carried.

The Planning Commission took a break at 7:41 p.m. and reconvened at 7:45 p.m.
 

A.  Review request by Scott Schmitt dba Clearwater Development Group for a revised Preliminary Plat for Lakeview Meadows (currently known as the Swain property located on the north end of Schultz Lake).

1. Agenda Statement No. 08-07
2. Exhibits: Application, revised Preliminary Plat, Comment Letter from MnDOT, Engineering Comment Letter

Ms. Kreft noted there is no action needed. She provided some background history and reviewed the staff report. She said there is a letter from Mn/DOT recommending approval with a number of improvements. The developer attempted to work with the neighbors to get access to Rolling Acres Road and they are still not interested. Ms. Kreft showed cul-de-sac locations and said they are recommending having it extend as one public road right-of-way. She noted it is about 300-400 feet. Ms. Kreft stated the park location has also been changed.

Commissioner Hiivala commented on the two cul-d-sacs and the concern with private drives on who will maintain it. Ms. Kreft said there is the maintenance issue and in the interim the home owners association would have ownership of that outlot. Chair Simanton asked what options the city has to ensure that there would be a road going through there. Ms. Kreft said if the property would develop they would require the road to connect. The City would most likely be responsible for building that road. Commissioner Hiivala talked about requiring them to give the easement with the idea that the road could go on in the future.

Ms. Kreft said lift station 9 will need to be replaced. The estimated cost would be $81,000. Staff recommending that cost will be developer.

Mr. Schmitt said they moved the park to try and accommodate the desire of the park board.

Chair Simanton asked how many owners will have an easement on that driveway. Mr. Schmitt responded that there would be three homes accessed by that and none of them were in favor. Chair Simanton commented on the subdivided lot. Commissioner Hiivala stated as a condition of that property joining he could give up some feet on the northwest corner for a future road easement. Currently there is 33 feet and they are asking for 60 feet.

Mr. Schmitt talked about the trail system through the wetlands. If the park board decided they didn’t want it they would dedicate the outlots and do cash in lieu of. He noted there is a sidewalk that goes along the road. He said the wetlands shown are delineated.

Commissioner Hiivala stated he thinks the new location of the park is better for the neighbors to use. Mr. Schmitt noted that this will actually be a bigger park than what was on the top side.

Ms. Kreft talked about the grading and said that there are concerns with the drainage. She said all the lots are custom graded and there will also be a retaining wall in the rear yards. She stated another concern is with lot 13 and the large wetland area. Staff will be meeting with the watershed district on these issues.

Mr. Peterson asked if the site balances or if there would be a lot of import on the west side. Mr. Schmitt responded that the plan is about 4 inches off and will be bringing it down. There will not be importing or exporting.

Ms. Kreft stated that any changes need to be finalized before they approve the preliminary plat.

Commissioner Hiivala stated he doesn’t think there should be a private road. Chair Simanton said he agrees and verified that it was up to code. The cul-de-sac in the middle would then come out. Commissioner Hiivala said to also increase the road easement from 33 feet to 60 feet going to the south. Chair Simanton recommended adding that at the end of the cu-de-sac there needs to be a stubbed out area to show where a future road is intended.

Commissioner Hiivala reiterated that he likes the new location of the park better than the one by Highway 7.

The Planning Commission discussed the trail and said they would like to see a trail in the neighborhood.

Chair Simanton questioned the property line of lot 1 and Highway 7. Ms. Kreft said the house pad is approximately 40 feet. Chair Simanton said that lot would be too close if Highway 7 were to be a four lane road in the future. Mr. Schmitt said they had discussions with Mn/DOT and they said this section will never be four lanes. Chair Simanton said there should be some additional visual and/or distance buffers.

Commissioner Vote asked if Mn/DOT recommended a left hand turn lane on westboutn Highway 7 at the entrance to the development. Ms Kreft stated that there will be a left hand turn lane on westbound Highway 7 at the entrance to the development.

B. Review and discuss Draft Ordinance Amendment to the current Noise Ordinance (Section 13-23 currently) and staff recommendation for purchase of new equipment for noise enforcement purposes.

1. Agenda Statement No. 08-08
2. Exhibits: Draft Ordinance Amendment, A Guide to Noise Control in MN (MPCA Rules), St. Louis Park’s Noise Ordinance, Noise seminar literature, Sound level equipment information and quotes

Ms. Perera explained that this ordinance may need some reworking with the variance section. The other issue is the enforcement part of it. She stated that staff is recommending the sound level equipment be purchased. Ms. Perera talked about the seminar and the MPCA’s rules. She said that few communities go into the length of ordinance as Victoria does. She said that they are looking for feedback on this draft.

Ms. Perera showed a chart with the complaints.

The Planning Commission discussed the reasoning this was brought up. Chair Simanton asked if the noise ordinance is up to standards with the state statute. Ms. Perera responded that everything is with the exception of the variance section of the ordinance.

Chair Simanton said one of the concerns is how this gets executed.

Ms. Perera explained that the noise reading is taken from the property line of the receiving area.

Ms. Perera noted that they are also looking at updating this with the future land use and mixed uses.

Ms. Perera stated that the city attorney suggested that the noise impact statement be reworded to address the rules.

Ms. Kreft talked about providing residents with letters of awareness and having them sign it so they know up front it is a business district.

The Planning Commission talked about the events.

Lois Plocher, owner of Floyd’s, said that when they started the outside music they started without any restrictions. She stated that they have kept it to a level and a type of music that is pleasing to everyone. Mrs. Plocher explained that they know the MPCA levels and it changes at 10:00 p.m. She noted they were not aware there were two different readings and after 10:00 it needs to be 50 due to the continuation of the noise within one hour. She stated they have been in compliance with the MPCA for several years and there was no need for a permit.

Mrs. Plocher said she feels that the complaint came because of motorcycles. Chair Simanton noted that highway noise is not subject or enforceable to this noise ordinance.

Chair Simanton asked who would be enforcing this. Ms. Perera said it would be the sheriffs department. She noted the city would be purchasing and maintaining the equipment.

Ms. Perera stated that Floyd’s would not need to submit a permit if they are in compliance.

Chair Simanton commented on the one hour duration and said it seems to be excessive. Ms. Perera noted that the background noise level also needs to be established.

Ms. Perera explained the human activity property line.

Mrs. Plocher commented on the decibel levels and said they will drop them.

Ms. Perera reviewed the items that need to be addressed: definition of an event, duration of the temporary noise permit and number of permits.

Ms. Perera stated the appeal process is still questionable.

Chair Simanton said they could look at the total number of events downtown as opposed to each individual property.

Commissioner Vogt commented on the measuring and enforcing when there are multiple sources of noise. Commissioner Donadio talked about the outdoor dining. Ms. Perera said a noise survey would be filled out and wind conditions and temperature need to be documented.

Chair Simanton stated that it needs to be clear who is enforcing this.

The Planning Commission talked about having one deputy on the weekends and having to take the reading for one hour.

Mrs. Plocher questioned the levels not being more stringent but being acceptable to be less. She also asked about getting permits for events. Ms. Perera said they would not need to get permits as long as the requirements are being met. Ms. Perera said that the state statute doesn’t specifically say that you can be less stringent.

The Planning Commission said they would consider an event to be a city sponsored event.

C. Digger's Sign Request.

Ms. Kreft explained that they have been remodeling and they are now ready for the sign. At this time they are only proposing wall signage. She noted this is consistent to what was proposed before and the size requirements are met.

Commissioner Vogt said the red sign is their trademark and talked about the concern with future precedent.

Commissioner Hiivala said the front of the building is nice and asked about the rest. Ms. Kreft said they are going to re-stucco the rest of the building.

The Planning Commission discussed the banners. Ms. Kreft noted the temporary sign would be removed once the permanent sign is put up.

A motion was made by Hiivala, seconded by Donadio, to approve the Digger’s sign as presented. Vote: 5 Ayes, 0 Nays. Motion carried.
 

Mayor Hershberger Thun commented on the 13.5 acres and said the grocer will be having a board meeting tomorrow evening to make a decision on going forward. She said the developer has redone the plan.

Commissioner Hiivala commented on the grocer and noted that Machenthuns does have a problem with them coming in.
 

A. Communications.

Ms. Kreft handed out an invitation to the five year anniversary party for the Field House.
 

A motion was made by Hiivala, seconded by Simanton, to adjourn the meeting at 9:40 p.m. Vote: 5 Ayes, 0 Nays. Motion carried.

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.